The Supreme Court in North Gauteng in Pretoria should reject the AP's request to reject the office of a state attorney to finance legal fees of former President Jacob Zuma, Zuma's lawyer claims Tuesday.
Representative Thabani Masuku, representing Zuuma, said on Tuesday that Darko failed to bring the case back in 2008.
"Discard DA's case based on unnecessary delays," he said.
READ: Zume's legal fees: He abused his office and should not receive special treatment, the court hears
Masuku said that it was clear that the DIP knew that legal costs for Zumu had been paid by the state since September 2008.
"What we have here is a situation where a former lawyer, Mr Michael Hulley and Mr. Zuma, must give a full account of what happened 14 years ago.
"Undoubtedly the delay and prejudice resulting from litigation that brought the case 14 years later, obviously," he said.
Millions have already spent
Both DA and EFF filed claims with the High Court seeking him to dismiss the decisions of a state attorney who approve Zume's claim for financing his legal costs in his criminal cases.
The Presidency has previously said that the state will continue to cover Zume's legal fees until the court decides otherwise.
President Cyril Ramaphos announced in March that the R15.3m was already paid at a time when Zuma caused "spying" things – snapshots of obvious tales against him – while facing charges of allegedly accepting bribes from French armed Thales in arms assassination.
Masuku argued in the court that: "Not only Zuma will suffer (if the court rejects its legal remedy), the state attorney would act unlawfully, and someone in the (state attorney) must count."
He also claimed that JAP in its application called on the provisions of the Law on Promotion of Administrative Justice (PAJA).
He argued that the party had failed to comply with Article 7 (1) of the APJE because its application was brought outside of the 180-day deadline from the date of the decision or from the day the DIP was expected to know the decision.
Prosecution in Personal Capacity
Turning to EFF's request, Masu said if the court finds parties, Zuma will have to return the R16m for six months.
Earlier, the EFF claimed that it had requested an order that the former president and Hulley would return the money the state attorney spent in the legal battle Zume.
The EFF argues that the State Attorney has paid public money from R25m to the private law firm Hulley Inc. for legal costs of Zuma.
"Over the R25m is spent and will be spent more in the future if this application is ignored and supported."
In the meantime, Sen. Rosenberg, SC, for the plaintiff, said the prosecution was against Zuma in his personal capacity and therefore the state would not have to pay for his legal costs.
He also added that the test should be whether the charges against Zume were based on the fact that he acted within the office he held.
"The state attorney has asked to act on his behalf not on behalf of the government," Rosenberg claims.
The case continues on Wednesday.